A local highway authority is aware of a junction where visibility is poor. Engineers have recommended erecting a warning sign, but the council decides to prioritise funds elsewhere. Months later, a driver is seriously injured in a collision at that junction and sues the authority in negligence for failing to act on the recommendation.
Which statement best explains the legal position?

Question

A local highway authority is aware of a junction where visibility is poor. Engineers have recommended erecting a warning sign, but the council decides to prioritise funds elsewhere. Months later, a driver is seriously injured in a collision at that junction and sues the authority in negligence for failing to act on the recommendation. 
 Which statement best explains the legal position?

Answer

The council is liable because it negligently failed to exercise a statutory power designed to protect road users.

Answer

The Council is not liable because decisions about how to allocate public funds are protected by statutory immunity.

Answer

The Council is not liable because its decision did not make the situation worse.

Answer

The council is liable because it owed a general common law duty to make roads as safe as reasonably possible.

Answer

The Council is liable because it could reasonably foresee that its inaction might lead to accidents.

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A local highway authority is aware of a junction where visibility is poor. Engin...

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